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A. LEGISLATION AND RULES A.1 Legislation International arbitration in Japan continues to be governed by the Arbitration Act of 2003 (“Arbitration Law”), which took effect in 2004, but this will change imminently. From 1 April 2024, the amended Arbitration Law will take effect (“Amended Arbitration Law”). After several steps in both the public and private sectors to build the country as an international dispute resolution hub in recent years, the overhaul of the underlying legislation…

JAPAN Yoshiaki Muto, Takeshi Yoshida, Dominic Sharman and Yuko Kai A. LEGISLATION AND RULES A.1      Legislation International arbitration in Japan continues to be governed by the Arbitration Act of 2003, which took effect in 2004 and to which no legislative amendment has been made since. Japan is, however, expected to amend its Arbitration Act this year. After several steps in both the public and private sectors to build the country as an international dispute resolution…

The European Union and Japan have announced the main elements of a new economic partnership agreement, which has been hailed as the most important bilateral trade agreement ever concluded by the EU. However, investment protection currently remains outside the scope of the agreement, begging the question of whether a recent opinion from the Court of Justice of the European Union (“CJEU”) regarding the EU-Singapore free trade agreement really does spell the end of the EU’s…

The amended Japan Commercial Arbitration Association (“JCAA”) arbitration rules came into effect on February 1, 2014. These amendments were a significant overhaul from the predecessor rules and follow international best practices. This note highlights a number of the key amendments below: Terms of Reference (Rule 40) Rule 40 allows a tribunal to utilize a Terms of Reference to narrow down the issues of an arbitration at the outset of the proceedings. However it is not…